Texas Insurance Code 885.352 – Exception
(a) Section 885.351(b) does not apply to an agent, representative, or member of a fraternal benefit society who devotes less than 50 percent of the person‘s time to the solicitation and procurement of benefit contracts for that society.
(b) For purposes of this section, a person is presumed for a calendar year to have devoted at least 50 percent of the person’s time to the solicitation or procurement of benefit contracts if, in the preceding calendar year, the person solicited or procured on behalf of a fraternal benefit society:
(1) life insurance contracts that have generated, in the aggregate, more than $20,000 of direct premiums for all lives insured;
(2) benefit contracts other than life insurance contracts that have insured the individual lives of more than 25 persons; or
(3) variable life insurance or variable annuity contracts.
Terms Used In Texas Insurance Code 885.352
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) A person to whom this section applies may not solicit or procure on behalf of a fraternal benefit society an interest-sensitive life insurance contract that exceeds $35,000 of coverage on an individual life unless the person holds the designation of fraternal insurance counselor.